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Chapter Law Content

Chapter V: Investigation
Article 23
The following provisions shall be followed in cases in which members of the Control Yuan have been nominated and appointed to investigate by resolution of Control Yuan plenary meeting or of its committees, or have been assigned rotationally by lots to investigate:
1. Members of the Control Yuan shall be assigned rotationally by lots to undertake examinations. A member may not decline the duty of examination except when provisions call for recusal due to conflict of interest. Where there is cause for recusal from an examination, another member shall be assigned rotationally to serve.
2. The assignment of members to investigate a case by a meeting of the Control Yuan or committee meeting shall be regarded as being the same as rotational assignment. Cases in which a member is not assigned for investigation shall be handled in accordance with the provisions of the preceding paragraph.
3. Committees may form an investigation task force composed of two to three appointed members for investigations on the administrative work or facilities as prescribed in Article 24 of the Act. The assignment of members in such cases shall be regarded as being the same as rotational assignment.
4. If a member of the Control Yuan investigating a case is for some reason unable to personally perform the investigation and the investigation is conducted jointly with other members, the other members shall continue the investigation. If there are no other members party to the investigation, other members shall be assigned to continue the investigation according to provision in the first paragraph.
Article 24
Members of the Control Yuan who investigate a case on their own initiative shall first register with the Department of Supervisory Operations. The Department of Supervisory Operations shall ascertain whether or not the Control Yuan has assigned investigators or members have self-initiated investigation on the same case and then notify the member making the new registration. If investigators have been assigned or a member has registered an investigation, a request for joint handling shall be submitted to the investigating members.
Applications for self-initiated investigation of cases referred to in the previous paragraph shall be made by one to three members jointly. The president of the Control Yuan may, according to the report submitted by the applying members, dispatch members with relevant expertise and inclination to accompany the investigation.
Applications for self-initiated investigations shall be suspended for members who have investigated twenty or more cases without presenting an investigation report.
If a member of the Control Yuan is unable to investigate a self-initiated case by himself/herself, the case shall be continued investigating by the accompanying member or members. If there are no accompanying members investigating it, Paragraph 1 of Article 23 shall be applicable mutatis mutandis.
Article 25
The heads of organizations referred to in Article 26 of the Act refer to the officials in charge at the said organization.
Article 26
If it is determined that the details of a case under investigation by members of the Control Yuan are related or the same, a request for approval shall be submitted to the president of the Control Yuan and the investigation shall be conducted by the member who was first to investigate. In special cases, the president of the Control Yuan may request a joint decision by the investigating members.
Article 27
Investigations shall not be terminated if the person investigated in an investigation case is under criminal investigation or trial for the same actions. Investigation may be terminated when deemed necessary to determine administrative responsibility of the defendant based on whether or not guilt is established.
Investigations of personnel in charge in a case under investigation or trial and matters related to the case shall be avoided to the extent possible during the period of undertaking. However, when it is deemed that the personnel in charge has committed a serious act of corruption, malfeasance or violation of human rights and immediate investigation is needed, investigation may be conducted in consideration of the circumstances.
Article 28
Impairment of the national interests as referred to in Article 27 of the Act means harm to national defense or diplomatic secrets.
Article 29
Agencies entrusted to conduct investigation according to Article 30 of the Act shall promptly conduct the investigation and submit a written response on its findings to the Control Yuan. The Control Yuan may send a written demand for response if no response is received within two months.
Article 30
Investigation reports shall be submitted to the president of the Control Yuan for review. However, investigation cases motioned by members shall be reviewed by them before submission.
Investigation reports shall be turned over to the relevant committees for handling after review by the president of the Control Yuan. In cases where the meeting of the Control Yuan has resolved to investigate, the committees shall report the results of their handling to the Control Yuan meeting.
Documents on the investigation findings in cases of investigation entrusted to other organs shall, except when the committee has resolved to handle the case, be endorsed and commented on by the Department of Supervisory Operations and submitted to the approving members or member on duty for review and handling.
Article 31
In cases of impeachment, censure or corrective measures that are not established after investigation, the original investigators, plaintiffs or stakeholders can apply for review.
The deadline for review applications shall be three years from the date that the Control Yuan issued notification of the investigation results. In cases where notification has not been made according to provisions, the deadline shall be calculated from the date that the investigation report was presented.
Article 32
The original investigators may apply for review only if new facts or new evidence found is sufficient to determine that the defendant should bear responsibility for a violation.
Article 33
A plaintiff or stakeholder may apply for a review in any of the following circumstances:
1. New facts or new evidence found is sufficient to overturn or bring into question the facts of the original investigation decision.
2. The original investigator has failed to consider important evidence relating to the case.
3. There are clear errors in the statutes applied in the original investigation opinion.
Article 34
The relevant committees shall handle applications for case review and the re- inspection report. However, in cases where a meeting of the Control Yuan has resolved to investigate, the results of the committee's handling of the investigation shall be submitted to the Control Yuan meeting.
Only one review is allowed per case. At least two members shall conduct the review. The original investigating members may not participate in the review but may submit written opinions.
Article 35
If original investigators or two or more members of the Control Yuan deem that review is necessary in cases where an application for case review exceeds the deadline stipulated in Paragraph 2, Article 31 or does not correspond to circumstances stipulated in Article 33, they may submit, once per case, a written explanation of the reason to the president of the Control Yuan for approval. If approved, the case shall be submitted to a review committee to render a decision on the review.
The review committee referred to in the preceding paragraph shall be formed by seven members of the Control Yuan chosen sequentially by lots, excluding members who initiated the case. The first member thus appointed shall serve as the chairperson of the committee. Reviews may only be conducted when at least two-thirds of the committee members are present at the committee meeting. Decisions shall be made by agreement of a majority of the attending members through a secret ballot vote.
When the review referred to in the preceding paragraph results in a determination to conduct a re-examination, members shall be assigned to investigate as stipulated in Paragraph 2, Article 34 and a re- examination report shall be prepared according to provisions in Paragraph 1, Article 34.